Bliss v. Schaub
New York Supreme Court
PPEAL from a judgment entered on the verdict of a jury, on the trial of an issue of fact, in the Wayne county court. The case came into the county court on appeal from a justice’s court, where the plaintiff recovered a judgment for $160, damages and costs.
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PPEAL from a judgment entered on the verdict of a jury, on the trial of an issue of fact, in the Wayne county court. The case came into the county court on appeal from a justice’s court, where the plaintiff recovered a judgment for $160, damages and costs. The plaintiff alleged, in his complaint, that on or about the 24th of June, 1865, the defendant caused to be excavated and opened in and through a public street in the village of Clyde, known by the name of Ford street, in and upon which the people and public are used and accustomed to travel and may of right lawfully travel with teams and…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
It is objected by the respondent, preliminarily, that it does not appear from the printed case that a motion for a new trial on the exceptions had been made in the county court, and that the appeal should therefore be dismissed. This objection is based upon the decision in the case of Simmons v. Sherman, (30 How.Pr. 4,) which coincides with a decision to the same effect in Carter v. Werner, (27 How. Pr. 385,) in which it is held that no appeal to this court upon a case or exceptions made on a trial in the county court upon appeal from a justice’s court should…
2Cases cited3 opinions
- Blake v. . FerrisNew York Court of Appeals · 1851
- Faulkner v. BrownNew York Supreme Court · 1834
- Dixon v. BuckNew York Supreme Court · 1864
3Cited by2 opinions
- Nelson v. Easton & Amboy RailroadNew York Court of Common Pleas · 1894
- Abrahamovitz v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907